The Family Court's refusal to permit the mother's counsel to admit into evidence documentary evidence on the mother's behalf, based on the mother's failure to appear at the hearing, violated the mother's right to due process. A parent has a right to be heard on matters concerning the child, and, absent the convincing showing of a waiver, the parent's rights are not to be disregarded. Here, there was no showing that the mother waived her right to be heard.
Matter of Amira W.H., NY Slip Op 02264 (2d Dep't April 9, 2020)
Here is the decision.
